Protest of Proposal Rejection for Lateness

B-201835: Jun 3, 1981

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A firm protested the rejection of its late proposal for an electronic typewriter. The protester stated that it was unable to offer the thpewriter by the closing date for receipt of proposals because the typewriter was not in existence at that time. According to the protester, the typewriter offered significant technical and price advantages, and the late proposals clause in the Federal Procurement Regulations (FPR) allows acceptance of a late offer when it is in the best interest of the Government. However, that portion of the FPR was not included in the solicitation. The late proposal provision in the solicitation contained no exception which would have permitted acceptance of the protester's late proposal. Thus, the contracting officer was legally required to reject the proposal as late. Accordingly, the protest was denied.